Volume 13 Number 1 - University of the Philippines College of Law

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January - March 2002 National Administrative Register 443 National or Regional IAS shall set the case for preliminary conference. The said preliminary conference shall be devoted solely for the following purposes: a. 1. Identification and Simplification of the issues; 2. Admissions and stipulation of facts; 3. Marking of documentary evidence, if any; b. After the preliminary conference, the case shall be deemed submitted for resolution on the basis of the evidence on record and such additional evidences presented during the preliminary conference. The parties shall submit a position paper/memorandum within ten (10) days from the date of the termination of the preliminary conference attaching therewith the affidavits of their respective witnesses and all their documentary evidence. With or without said position paper/memorandum, the case shall be resolved on the basis of the records of the Preliminary Conference and other documents on record after the lapse of the ten (10) day period. c. The hearing officer may at his option set the case for clarificatory questions on the parties litigants or their witnesses on matters or issues which need to be clarified before the case is deemed submitted for resolution. Section 14. Effect of Complainantís Failure to Appear - The failure of the complainant to appear during the preliminary conference for at least three (3) scheduled hearing despite due notice shall constitute a ground to dismiss the complaint for failure to prosecute. However, if the culpability of the respondent can be proven by evidence other than the allegations of the complainant, the preliminary conference shall proceed even in his absence, it being understood that the withdrawal of the complainant or the execution of an affidavit of assistance does not result in the outright dismissal of the case filed. Section 15. Motion for Postponement - No motion for postponement shall be entertained except for extremely meritorious grounds such as illness or physical incapacity of the parties or counsels. Section 16. Where parties are not represented by counsel - It is the duty of the Summary Hearing Officer to ask classificatory questions of all witnesses where one or both parties are not represented by counsel. Section 17. Period To Render Decision - The Inspector General, or the Director of the Regional IAS shall render his decision in writing within twenty (20) days after the lapse of the period for the submission of the memorandum with or without said memorandum. Section 18. Contents of the Decision - The decision shall contain the names of the parties, the offense charged, a brief statement of the material and relevant facts, the findings and conclusion, the disposition and the applicable laws, rules and regulations obtaining in the case. Section 19. Service of the Decision - The decision of the National and Regional IAS shall be served to the respondent either personally or by registered mail at the respondentís
444 National Administrative Register Volume 13/1 place of assignment or at the address reflected in his Personal Data Sheet and to the complainant at his address as appearing in the record. Proof of such service shall be attached to the records of the case. A copy of the decision shall be coursed to the PNP office concerned for issuance of implementing orders subject to the provisions of Sec. 49(b) of RA 8551. Where the parties are represented by counsel, the decision shall be served to their respective counsel. Such service to counsel shall be deemed service to the parties. Section 20. Motion for Reconsideration - Any aggrieved part may file a Motion for reconsideration within ten (10) days from receipt of the copy of the decision. Only one motion for reconsideration shall be allowed. APPEALS Section 21. Appeal - Any aggrieved party may file his appeal from the decision of the Regional Internal Affairs Service to the Office of the Inspector General within ten (10) days from receipt of the decision or upon receipt of the resolution denying his motion for reconsideration. Decisions of the Inspector General may be appealed by the aggrieved party to the National Appellate Board (NAB) of the National Police Commission within the same period in cases where the penalty imposed is DISMISSAL from the service, DEMOTION or FORCED RESIGNATION. Section 22. Finality of Decision - A decision of the National and Regional IAS Imposing upon respondent PNP member the penalty of dismissal from the service, demotion in rank or forced resignation shall be immediately executory. However, in the event that the respondent is exonerated on appeal he shall be immediately reinstated to the service without loss of rank and seniority and with entitlement to the payment of back salaries, allowances and other benefits which he failed to receive. In the case of demotion in rank, respondent PNP member shall be immediately restored to his former rank with payment of difference in salary which he failed to receive. Section 23. Record of Proceedings - There shall be a record of proceedings containing a substantial account of the hearing conducted and duly certified to as correct by the Hearing Officer. PENALTIES Section 24. Imposable Penalties - The following are the penalties that may be imposed in police administrative cases: a. Suspension b. Demotion of not more than one rank or Forced resignation c. Dismissal Section 25. Schedule of Penalties - The penalties for light, less grave and grave offense shall be made in accordance with the following schedules:
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Volume 13 Number 1 - University of the Philippines College of Law

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